PC Minutes 01-04-2011Chanhassen Planning Commission - January 4, 2011
PUBLIC HEARING:
MINNETONKA MIDDLE SCHOOL WEST INTERIM USE PERMIT: REQUEST FOR
INTERIM USE PERMIT FOR GRADING FOR TENNIS COURT CONSTRUCTION ON
PROPERTY ZONED OFFICE INSTITUTIONAL (OI) LOCATED AT MINNETONKA
MIDDLE SCHOOL WEST (6421 HAZELTINE BOULEVARD). APPLICANT: INSPEC,
PLANNING CASE 2011-01.
Public Present:
Name Address
Cliff Buhman, Inspec 5801 Duluth Street, Minneapolis 55422
Fauske: Thank you Chairman Aller, members of the Planning Commission. Tonight you have
an interim use permit request before you, Planning Case 2011-01 and it’s scheduled to go to the
th
City Council on January 24. The site is generally located east of Highway 41. Highway 7 lies
to the north. The site is currently used for a middle school in the Minnetonka school district, and
just for a point of reference on this slide. You can see north of the parking lot there’s a pond and
2 tennis courts directly north of the pond. That’s the area that we’ll be looking at tonight. The
proposal includes the reconstruction of the 2 existing tennis courts located north of the pond and
the construction of 5 new tennis courts for a total of 7 tennis courts in the project area. The
application is for a grading interim use permit. The reason it’s being held before you this
evening is that the estimated grading is over 5,000 cubic yards. Anything over 1,000 cubic yards
requires a public process through the interim use permit. As you can see on this slide here, there
are some areas that the applicant is proposing to do some infiltration areas directly east of the
tennis court areas. The reason the infiltration areas are being included as a part of this proposal
is that the existing pond was not sized for the additional impervious surfaced associated with the
5 additional tennis courts and they also needed that to comply to the National, to the Non Point
Discharge Elimination System permit dealt by the Minnesota Pollution Control Association. So
the City has worked with the applicant’s engineer on the infiltration requirements. There are
some conditions of approval associated with the vegetation that staff would like to see within
those infiltration basins to promote infiltration, as well as looking at the applicant to come up
with a long term maintenance plan to make sure that the infiltration areas are working to the best
capabilities. The applicant did do some infiltration tests through a soil testing company in
conjunction with this. One of the conditions of approval included in the staff report was a
realignment of some of the drain tile system. As you can see at the bottom of this slide in the X
area, that is the drain tile that staff has requested by removed and relocated to the new solid red
line seen near the middle of the slide. The reason for that is two fold. One is, it’s always staff’s
intent to try to minimize the number of discharge points into a pond. It helps for maintenance
purposes. It also helps when it comes to the function of a pond, if you can minimize the number
of points entering the pond it also decreases the amount of stirring as the water enters into the
pond. And the other reason we’ve requested that too is, city staff has been working with the
school district to relocate a, the Melody Hill water tower which lies east of this site and this is
one of the potential sites that we’ve been looking at so we just wanted to be a little forward
thinking that in the event that the water tower is relocated to this site, that we wouldn’t have to,
that the applicant wouldn’t have to move any of the drain tile. With that staff is recommending
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Chanhassen Planning Commission - January 4, 2011
the Chanhassen Planning Commission recommend that the City Council approve the Interim Use
Permit for the grading for new tennis court construction located at Minnetonka School West,
plans prepared by Inspec dated December 3, 2010, subject to the conditions in the staff report
and adoption of the Findings of Fact and Recommendation. With that I would be happy to
answer any questions that the commission has at this time.
Aller: Mark, do you have any questions?
Undestad: Not right now.
Aller: None? Tom.
Doll: It’s an interim, let’s see. What’s the word I’m looking for?
Fauske: Interim use permit?
Doll: Yes. Meaning that it has a short period of time that it expires?
Fauske: It would be a one year period.
Doll: Okay. One year period.
Fauske: And we do collect an escrow from the applicant to ensure that all the erosion control
measures are adhered to as well as the revegetation plan.
Doll: Okay, and then they’re expected to complete construction of the tennis courts in the
summer? Spring?
Fauske: The applicant is present to answer that question. He would be able to give you a better
idea of their schedule. They do have some other projects scheduled for this site so he can talk a
little bit more about that.
Doll: Are these City, is it public tennis courts then or?
Fauske: Again the applicant can talk a little bit more about that.
Doll: Okay.
Aanenson: Can I just make a point of clarification too? Because it’s over 1,000 cubic yards,
that’s why it needs to go through the interim use process. Otherwise if it’s under that amount,
engineering would just work through their permitting process so that’s why, you know because
of the amount of dirt being moved it requires a different level of review so I just wanted to make
sure that that was clear too. It’s the amount.
Doll: Yep, I was just wondering about the time period and why it doesn’t kind of go with the
construction permit.
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Chanhassen Planning Commission - January 4, 2011
Aanenson: Yeah, typically when you see a grading permit, usually they’re with the construction
of another project so grading’s a part of that. Because they’re only doing grading at this time, we
still want to have some control over that it’s not causing erosion and maintaining that so that’s
why the conditions are put on there. Yeah, it’s a separate process.
Doll: Okay.
Aller: Anyone else?
Thomas: I don’t have any questions.
Aller: Kevin?
Ellsworth: No Mr. Chair, thank you.
Aller: In the report it looks like the infiltration tests were performed 60 feet west of the proposed
area. Infiltration area, and also there was a comment that it appears that a rain event exceeding
the 10 year might flood the courts. Has that been addressed or looked into?
Fauske: That’s one of the, one of the recommendations to be moved so that, and lower the rim
elevation to try to keep that temporary flooding at a minimum. The anticipation is the courts
would not be in use during a 10 year rain event, and the temporary inundation would damage the
courts.
Aller: That’s what I have. Thank you very much.
Fauske: You’re welcome.
Aller: Is there an applicant present? If you could come up to the podium and state your name
and address.
Cliff Buhman: Good evening. My name is Cliff Buhman. I’m project manager for this project
with Inspec and I’m here to answer any questions. I probably could answer the one previously
stated. As far as the intent for the facilities, they will be shared with the community besides the
school, but because of the demand for tennis within the Minnetonka school systems, not only this
project but there’s another project where they’re proposing to add some more tennis courts at one
of the other middle schools.
Doll: I was just curious and when I went to middle school, tennis was not one of the, they
weren’t building tennis courts so I was just kind of curious.
Aller: And then the other question we had was regarding the time line.
Cliff Buhman: Yes, it’s anticipated or hopeful that we can construct this, have it constructed it
this summer, 2011.
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Chanhassen Planning Commission - January 4, 2011
Aller: Any other questions?
Thomas: No. I don’t think so.
Ellsworth: No.
Aller: Alright, thank you very much. Appreciate you coming. And now we have time for a
public hearing and I’d invite anybody that’s here on this matter to step forward to the
microphone. State your name and address and make comment if you would. Is anyone here on
the, Minnetonka okay. So having no one come up we’ll close the public hearing. Comments.
Ellsworth: No comments Mr. Chair.
Thomas: Looks good.
Aller: Discussion. Okay, entertain a motion.
Undestad: I’ll make a motion that the Chanhassen Planning Commission recommends the City
Council approve the Interim Use Permit for grading for new tennis court construction located at
Minnetonka Middle School West, plans prepared by Inspec dated December 3, 2010, subject to
conditions in the staff report and adoption of the Findings of Fact and Recommendation.
Aller: Do I have a second?
Thomas: Second.
Aller: A motion and a second. Any further discussion?
Undestad moved, Thomas seconded that the Chanhassen Planning Commission
recommends that the City Council approve the Interim Use Permit for grading for new
tennis court construction located at Minnetonka Middle School West, plans prepared by
Inspec dated December 3, 2010, subject to adoption of the Findings of Fact and
Recommendation and the following conditions:
1.Adequate sediment and erosion control practices must be installed prior to any earth-
disturbing activities.
2.All silt fence shall use metal t-posts and shall be consistent with City Detail Plate No. 5300.
Include detail on sheet 5.
3.Rock construction entrance locations shall be shown on the plan and should be placed such
that construction traffic does not cross the proposed infiltration areas. Rock construction
entrances shall be consistent with City Detail Plate No. 5301. Include detail on sheet 5.
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Chanhassen Planning Commission - January 4, 2011
4.Infiltration areas shall be protected from sediment deposition and compaction resulting from
construction equipment throughout construction. This must be noted on the plans along with
all other areas to be protected.
5.Category 3 erosion control blanket shall be used on all disturbed slopes with positive flow to
the pond unless sod is to be placed and staked.
6.The applicant is responsible for procurement of the NPDES General Permit to Discharge
Stormwater Associated with Construction Activity prior to any earth-disturbing activities. A
full SWPPP will need to be prepared and submitted to the City for review and approval prior
to any earth-disturbing activities. The SWPPP must include all components identified in
Parts III and IV of the permit.
7.Redundant erosion control measures shall be included at the two new inlets to the pond.
Floating silt curtain should be used at the more southerly inlet but a second line of silt fence
may be adequate at the other new inlet.
8.The infiltration design and maintenance shall be consistent with the 2008 Minnesota
Stormwater Manual; in particular Chapter 12 and Appendix D.
9.Protection must be provided to assure that construction equipment is not tracked over the
proposed infiltration areas, materials are not stockpiled in this areas and sediment deposition
does not occur in these areas. This is most commonly accomplished through the use of silt
fence. Further, this should be noted on the plan set, in the SWPPP and within the project
specifications manual.
10.Infiltration features must be separated from the ground water by a minimum of three feet.
Provide boring data to confirm this separation.
11.As the infiltrometer tests were performed approximately 60 feet west of the proposed
infiltration area and the infiltration rates are under the optimal conditions, and likely to
decline over time, a margin of safety shall be built into the design to account for a diminished
infiltration.
12.To assure that the area drains in 48 hours or less, the system shall be designed with an
underdrain and coarse aggregate storage as depicted in Appendix D of the Minnesota
Stormwater Manual – “Bioretention/Infiltration/Filtration Facility”, page 723 of 885. This
would likely satisfy the above condition.
13.CBMH 1 shall be moved northerly on the site and lowered so that the rim elevation is below
1060 feet.
14.The applicant shall relocate to proposed drain tile outlet for the four most easterly tennis
courts. The new outlet shall be between the most southerly court and the next most southerly
court. This shall then be connected to CBMH 2 and the outlet for this manhole shall then be
sized accordingly.
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Chanhassen Planning Commission - January 4, 2011
15.A stable emergency overflow shall be provided from the easterly basin to the pond.
16.The applicant shall demonstrate how the filtration swales are to be vegetated. At a minimum,
fescues and/or other deep-rooted grasses should be used to promote infiltration.
17.The new outlet elevations are shown to be 1046 feet. It appears that the ordinary high water
level (OHW) is at 1045.4 and the normal water level (NWL) is at an unknown elevation but
likely at or around 1043.5. The newly proposed outlet shall be set at the NWL.
18.The applicant or their consulting engineer shall develop an operations and maintenance
manual for the infiltration/filtration features and that this includes some type of vegetative
filter to provide pretreatment of the water entering the system.
19.The applicant shall provide a security in the amount of $4,000 to guarantee erosion control.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
CHES MAR REZONINGS AND PUD AMENDMENTS: REQUEST FOR REZONING
OF PROPERTY WITHIN CHES MAR TRAILS FROM RURAL RESIDENTIAL (RR)
TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUDR); REZONING OF
ND
PROPERTY WITHIN CHES MAR FARM 2 ADDITION FROM PLANNED UNIT
DEVELOPMENT-RESIDENTIAL (PUDR) TO RURAL RESIDENTIAL (RR); AND
AMENDING THE CHES MAR FARM AND CHES MAR TRAILS PLANNED UNIT
DEVELOPMENTS. APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2011-
02.
Public Present:
Name Address
Geri Eikaas 2763 Ches Mar Farm Road
Tom Dyvig 7250 Hazeltine Boulevard
Kairies: Yes Chairman Aller, members of the Planning Commission. The item before you
nd
tonight is the proposed rezoning of Ches Mar Farms, Ches Mar Farms 2 Addition and Ches
Mar Farm Trails. The properties are bordered by Minnewashta Regional Park to the north,
Camp Tanadoona to the south, Highway 41 to the east and Lake Minnewashta to the west. On
the side, the way, I just want to point out how each plat is broken up. The blue parcels are part
of the Ches Mar Farm Addition. The green property is, which is kind of hard to differentiate, the
nd
property most to the west, or I’m sorry to the east is Ches Mar Farm 2 Addition, and then the
properties in yellow are part of the Ches Mar Trails Addition. The reason for the request before
you tonight is that staff noted that there was a mapping error and did some research and upon
that research it was noted that there were some inconsistencies with the approved plats and that
they’re inconsistent with the actual zoning map so the intentions were not consistent with one
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